Foreign affairs minister Moses Watangula Tuesday lost an application seeking to strike out a notice of appeal filed by his Sirisia political nemesis John Koyi Waluke in an election petition case.
Justice Alnashir Visram ruled that Waluke had provided sufficient grounds for filing a notice of appeal two days after the lapse of the time stipulated by law.
Subsequently, an appeal against a ruling by justice Florence Muchemi that ruled that the foreign affairs minister was not properly served will proceed in the court of appeal.
This is the seventh application at the High Court and the Court of Appeal that the minister has lost in connection with the petition that was filed immediately after the 2007 General Elections.
The notice of appeal was filed on November 24 and served to Wetangula on December 4 the same year. Separately vote recount for the Wajir South parliamentary seat continued for the second day Tuesday. Mohamed Mohamood Sirat is challenging the election of Abdurrahman Hassan on a Kanu Ticket in the 2007 general elections.
Vote counting for Starehe constituency in Nairobi is also still underway with the votes counted so far giving former sports minister Maina Kamanda a lead over housing assistant minister Bishop Margaret Wanjiru.
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